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JURIES ACT 1962 - SECT 10 Persons not qualified

JURIES ACT 1962 - SECT 10

Persons not qualified

    (1)     For the purposes of this section, a person who has been sentenced to a term of imprisonment has not completed the sentence:

        (a)     if he has been released from the custody of the Commissioner of Correctional Services on parole – until the expiration of the period of parole; or

        (b)     if the sentence has been wholly or partly remitted under section 432 of the Criminal Code, section 8A of the Criminal Law (Conditional Release of Offenders) Act 1971 or section 114 of the Sentencing Act 1995 subject to conditions – until the conditions have been satisfied and no longer apply in relation to him; or

        (c)     if that sentence has been suspended:

            (i)     subject to conditions – until the conditions have been satisfied and no longer apply in relation to him; or

            (ii)     unconditionally – until the expiration of the period during which the sentence remains suspended.

    (2)     For the purposes of this section, a person shall be deemed never to have been under sentence of imprisonment for an offence if he has been granted a free pardon in respect of the offence.

    (2A)     If a charge or conviction is expunged under the Expungement of Historical Homosexual Offence Records Act 2018 or Part XI, Division 18, of the Criminal Code:

        (a)     the person is to be treated under this Act as if the person had never committed or been charged with, prosecuted for, convicted of or sentenced for the offence; and

        (b)     the expunged charge or conviction is not a ground for ineligibility to be a juror.

    (3)     A person who:

        (a)     has been sentenced to a term of imprisonment (whether within the Territory, in a State or another Territory or in a prescribed country) for an offence other than a capital offence and:

            (i)     has not completed the sentence; or

            (ii)     a period of less than 7 years has elapsed since he completed the sentence;

        (b)     has been sentenced to a term of imprisonment (whether within the Territory, in a State or another Territory or in a prescribed country) for a capital offence;

        (c)     is a person in respect of whom a guardianship order under the Guardianship of Adults Act 2016 is in force;

        (d)     is of unsound mind or is:

            (i)     in a hospital or an approved treatment facility; or

            (ii)     undergoing treatment,

    under the Mental Health and Related Services Act 1998 ; or

        (e)     is a represented adult, as defined in section 3 of the Guardianship of Adults Act 2016 ;

is not qualified to serve as a juror.